1997 MLD 920 LAHORE-HIGH-COURT-LAHORE

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KHUSHI MUHAMMAD VS ZAKIYA MUSHTAQ AHMAD Constitution of Pakistan 1973--199 , Martial Law Regulation 1972 No. 115--RGLN. , ----Para. 25---Constitution of Pakistan (1973), Art.199---Pre-emption suit--Tenant's suit for pre-emption filed on 31-7-1974---Order of eviction relating to land in question, had been passed against tenant by Revenue Court on 8-1-1974 i.e. about 6 months before filing of suit by him---Locus standi of tenant to file suit for pre-emption ---Order of eviction passed against tenant having not been challenged any further, had attained finality ---Para. 25, Land Reforms Regulation, 1972, conferred upon tenant right of pre-emption in respect of land comprised in his tenancy---Tenancy, however, ceased to exist when order of eviction was passed against tenant, therefore, he was not entitled to pre-empt sale made by owner of land to vendee ---Even if there was no evidence to show that tenant had actually been dispossessed in execution of order of eviction yet he could not claim any right of pre-emption having ceased to be tenant on passing of order of eviction---Final order of eviction would put tenancy to an end and tenant would be denuded from his status of being a tenant on passing of order of eviction---Question as to whether or not tenant had been dispossessed in execution of decree was not relevant---Order of Board of Revenue dismissing tenant's suit was affirmed in circumstances.